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简介
Summary:
Publisher Summary 1
Features and Benefits Major differences and similarities between the US common law system and the civil law system Clear, straightforward commentary of legal resources Analyzes in-print and online repositories of law Defines basic principles of legal research Become More Effective Obtain the much needed basic principles of legal research Find out about the numerous free-of-charge repositories of law Learn how to strategize your research according to your resources and needs Understand the Meaning of Law in American Legal Studies Explains the different meanings of law Describes the branches of the government and how they all make law Explains the sources of statutory law, case law, and administrative law Explains the idiosyncrasies of legal research through the dynamic nature of US law
目录
Table Of Contents:
Acknowledgments vii
Foreword ix
Non-Exhaustive Glossary of Terms xi
Introduction
The Ubiquitous Nature of American Law and Its Dual Role of Product and Producer of Popular Culture 1(5)
What This Book Offers 6(5)
A Dynamic Legal System Shaped by Long-Lasting Principles
Introduction 11(3)
American Law Has Both an Abstract and a Concrete Facet; Only the Latter Constitutes the Object of Legal Research 14(4)
Individual Norms Are Open to Change 18(4)
Legal Norms Are Open to Judicial and Congressional Scrutiny 22(9)
Judicial and Congressional Review of Statutory Rules 24(2)
Judicial and Congressional Review of Court Decisions 26(3)
Judicial Review of Administrative Decisions 29(2)
The Abstract Facet of American Law Is Similar to that of Any Domestic Legal System 31(12)
The U.S. Legal System and Its Lawmaking Institutions
The U.S. Legal System---A Common Law System 43(3)
The Lawmaking Branches of the Government 46(12)
Federal and State Legislatures 47(2)
Federal and State Courts 49(1)
Federal Courts 49(3)
State Courts 52(1)
The Executive Branch. Independent Administrative Agencies 53(1)
The President 53(1)
The Vice President 54(1)
The Cabinet 54(1)
Independent Agencies 55(3)
Conclusion 58(5)
Appendix 1: The Structure of the Federal Judiciary 59(1)
Appendix 2: The Structure of the N.Y. State Judiciary 60(3)
Basic Principles of Legal Research
Introduction 63(2)
Defining the Role of Primary Sources 65(1)
Defining the Role of Secondary Sources 66(4)
Before You Research, Make Sure that You Understand the Terminology: Legal Dictionaries 67(1)
Before You Research, Make Sure that You Understand the Citation: Citations Guides 68(2)
Identifying Secondary Sources 70(2)
Treatises and Other Legal Monographs 70(2)
Law Review Articles 72(1)
Finding Specific Secondary Sources 72(7)
Treatises 72(1)
Law Review Articles 73(4)
Articles on Legal Topics on the World Wide Web 77(1)
FindLaw: FindLaw Professionals: Summaries of Law 77(1)
SSRN: A Recipient of Legal Secondary Sources 78(1)
Secondary Sources Accessible Through the Authors' Personal or Institutional Web Sites 78(1)
Finding Repositories of Primary Sources: Research Techniques 79(7)
Locating the Federal Constitution 80(1)
Locating Repositories of Federal Statutory Law 80(3)
Locating Court Reporters: Repositories of Court Opinions 83(1)
Locating Repositories of Administrative Rules, Regulations, and Decisions 84(2)
Identifying Specific Primary Sources Within Specific Legal Repositories 86(6)
FindLaw: Electronic Portal to and Repository of Federal and State Law 90(1)
LexisOne: Electronic Repository of and a Portal to Federal and State Law 91(1)
Completing Your Research 92(3)
Statutory Law: What It Is, Where It Is, and How You Find It
Introduction 95(1)
The Legislative Process and Its Constitutional Boundaries 96(2)
The Legislative Process. Brief Review 98(6)
Identifying the Sources of Statutory Law 104(5)
The Constitution of the United States 104(3)
Federal Statutes 107(1)
State Statutes 108(1)
Municipal Ordinances 108(1)
Applying Legislation: Interpreting Statutes 109(5)
The ``Plain Meaning Rule'' 110(1)
Interpreting Statutes in Light of Their Legislative History 111(2)
The Purposive Analysis: The ``Social Purpose'' Rule 113(1)
Repositories of Statutory Law 114(4)
The Constitution of the United States 114(1)
Federal Statutes 115(1)
State Statutes 116(1)
Municipal Ordinances 117(1)
How to Locate Specific Primary Sources of Statutory Law 118(2)
Completing Your Research: The U.S. Legal System---A System of Ever-Evolving Statutory Law 120(5)
Case Law: What It Is, Where It Is, and How You Find It
Court Opinions: The End Result of a Lawsuit 125(6)
The Pleading Stage 126(1)
The Discovery Stage 127(1)
The Trial Stage 128(1)
The Verdict 129(1)
The Appeal Stage 130(1)
Case Law---The Principle of Stare Decisis 131(8)
How the Principle of Stare Decisis Works: Finding the Decision Within a Court Opinion 132(4)
How Does the Principle of Stare Decisis Work? 136(1)
Problems with Stare Decisis 136(1)
The Structure of an Opinion Is a Gray Zone 137(1)
Identifying the Factually Similar Cases 138(1)
Repositories of Decisional Law or Case Law 139(2)
How to Locate Specific Primary Sources of Case Law 141(5)
Completing Your Research: The U.S. Legal System---A System of Ever-Evolving Case Law 146(5)
Appendix: The Geographic Map of the Federal Circuits 150(1)
Administrative Law: What It Is, Where It Is, and How You Find It
Introduction 151(2)
Administrative Rulemaking or Rule Promulgation 153(2)
Administrative Adjudication 155(1)
Repositories of Administrative Law 156(2)
How to Locate Specific Primary Sources of Administrative Law 158(3)
Completing Your Research: The U.S. Legal System---A System of Ever-Evolving Administrative Law 161(12)
Conclusion: Is This All?
Index 173
Acknowledgments vii
Foreword ix
Non-Exhaustive Glossary of Terms xi
Introduction
The Ubiquitous Nature of American Law and Its Dual Role of Product and Producer of Popular Culture 1(5)
What This Book Offers 6(5)
A Dynamic Legal System Shaped by Long-Lasting Principles
Introduction 11(3)
American Law Has Both an Abstract and a Concrete Facet; Only the Latter Constitutes the Object of Legal Research 14(4)
Individual Norms Are Open to Change 18(4)
Legal Norms Are Open to Judicial and Congressional Scrutiny 22(9)
Judicial and Congressional Review of Statutory Rules 24(2)
Judicial and Congressional Review of Court Decisions 26(3)
Judicial Review of Administrative Decisions 29(2)
The Abstract Facet of American Law Is Similar to that of Any Domestic Legal System 31(12)
The U.S. Legal System and Its Lawmaking Institutions
The U.S. Legal System---A Common Law System 43(3)
The Lawmaking Branches of the Government 46(12)
Federal and State Legislatures 47(2)
Federal and State Courts 49(1)
Federal Courts 49(3)
State Courts 52(1)
The Executive Branch. Independent Administrative Agencies 53(1)
The President 53(1)
The Vice President 54(1)
The Cabinet 54(1)
Independent Agencies 55(3)
Conclusion 58(5)
Appendix 1: The Structure of the Federal Judiciary 59(1)
Appendix 2: The Structure of the N.Y. State Judiciary 60(3)
Basic Principles of Legal Research
Introduction 63(2)
Defining the Role of Primary Sources 65(1)
Defining the Role of Secondary Sources 66(4)
Before You Research, Make Sure that You Understand the Terminology: Legal Dictionaries 67(1)
Before You Research, Make Sure that You Understand the Citation: Citations Guides 68(2)
Identifying Secondary Sources 70(2)
Treatises and Other Legal Monographs 70(2)
Law Review Articles 72(1)
Finding Specific Secondary Sources 72(7)
Treatises 72(1)
Law Review Articles 73(4)
Articles on Legal Topics on the World Wide Web 77(1)
FindLaw: FindLaw Professionals: Summaries of Law 77(1)
SSRN: A Recipient of Legal Secondary Sources 78(1)
Secondary Sources Accessible Through the Authors' Personal or Institutional Web Sites 78(1)
Finding Repositories of Primary Sources: Research Techniques 79(7)
Locating the Federal Constitution 80(1)
Locating Repositories of Federal Statutory Law 80(3)
Locating Court Reporters: Repositories of Court Opinions 83(1)
Locating Repositories of Administrative Rules, Regulations, and Decisions 84(2)
Identifying Specific Primary Sources Within Specific Legal Repositories 86(6)
FindLaw: Electronic Portal to and Repository of Federal and State Law 90(1)
LexisOne: Electronic Repository of and a Portal to Federal and State Law 91(1)
Completing Your Research 92(3)
Statutory Law: What It Is, Where It Is, and How You Find It
Introduction 95(1)
The Legislative Process and Its Constitutional Boundaries 96(2)
The Legislative Process. Brief Review 98(6)
Identifying the Sources of Statutory Law 104(5)
The Constitution of the United States 104(3)
Federal Statutes 107(1)
State Statutes 108(1)
Municipal Ordinances 108(1)
Applying Legislation: Interpreting Statutes 109(5)
The ``Plain Meaning Rule'' 110(1)
Interpreting Statutes in Light of Their Legislative History 111(2)
The Purposive Analysis: The ``Social Purpose'' Rule 113(1)
Repositories of Statutory Law 114(4)
The Constitution of the United States 114(1)
Federal Statutes 115(1)
State Statutes 116(1)
Municipal Ordinances 117(1)
How to Locate Specific Primary Sources of Statutory Law 118(2)
Completing Your Research: The U.S. Legal System---A System of Ever-Evolving Statutory Law 120(5)
Case Law: What It Is, Where It Is, and How You Find It
Court Opinions: The End Result of a Lawsuit 125(6)
The Pleading Stage 126(1)
The Discovery Stage 127(1)
The Trial Stage 128(1)
The Verdict 129(1)
The Appeal Stage 130(1)
Case Law---The Principle of Stare Decisis 131(8)
How the Principle of Stare Decisis Works: Finding the Decision Within a Court Opinion 132(4)
How Does the Principle of Stare Decisis Work? 136(1)
Problems with Stare Decisis 136(1)
The Structure of an Opinion Is a Gray Zone 137(1)
Identifying the Factually Similar Cases 138(1)
Repositories of Decisional Law or Case Law 139(2)
How to Locate Specific Primary Sources of Case Law 141(5)
Completing Your Research: The U.S. Legal System---A System of Ever-Evolving Case Law 146(5)
Appendix: The Geographic Map of the Federal Circuits 150(1)
Administrative Law: What It Is, Where It Is, and How You Find It
Introduction 151(2)
Administrative Rulemaking or Rule Promulgation 153(2)
Administrative Adjudication 155(1)
Repositories of Administrative Law 156(2)
How to Locate Specific Primary Sources of Administrative Law 158(3)
Completing Your Research: The U.S. Legal System---A System of Ever-Evolving Administrative Law 161(12)
Conclusion: Is This All?
Index 173
Introduction to U.S. law and legal research /
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